Legal Question in Real Estate Law in Ohio

buyers rights to leaking roof

i bought a house and it is one week and one day old. i replaced insulation and found out i have three leakes in my roof can i go after anyone to replace this.


Asked on 3/09/02, 8:11 pm

2 Answers from Attorneys

David Weilbacher, Esq. Attorney at Law

Re: buyers rights to leaking roof

You say that the house is one week and one day old. Do you mean that it is nes construction. If so, there should be a guarantee from the builder, or a warranty from the roofer. If the house is no new construction, then the issues raised in Atty. James Magee's response must be addressed.

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Answered on 3/11/02, 10:53 pm
James Magee James V. Magee, Jr., Attorney at Law

Re: buyers rights to leaking roof

There is not enough information to specifically answer your question because a number of facts have been left out - such as did you have a whole house inspection, what did the seller's disclosure statement say about the roof, what did the contract say about the terms of sale - was it "as is" and were the leaks visible (patent) to the naked eye or were they hidden (latent) from view and lastly - is it reasonable to believe the seller knew of the leaks and willfully omitted telling you about them. Depending upon your answers to any of the above you could have a cause of action againt your sellers, the whole house inspector or no one.

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Answered on 3/10/02, 2:33 pm


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